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GUERRIERO v. STATE

[No. 198, October Term, 1956.]

213 Md. 545 (1957)

132 A.2d 466

GUERRIERO v. STATE (Two Appeals in One Record)

Court of Appeals of Maryland.

Decided June 6, 1957.

Attorney(s) appearing for the Case

Harry Leeward Katz, with whom were C. John Serio and John Carroll Weiss, Jr., on the brief, for the appellant.

Clayton A. Dietrich, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, J. Harold Grady, State's Attorney for Baltimore City, and James W. Murphy, Assistant State's Attorney, on the brief, for the appellee.

The cause was argued before COLLINS, HENDERSON, HAMMOND and PRESCOTT, JJ., and KINTNER, J., Associate Judge of the Second Judicial Circuit, specially assigned.

HAMMOND, J., delivered the opinion of the Court.

Convicted by the court, sitting without a jury, of assault and carrying a deadly weapon, John Guerriero appeals from the judgment and sentence that followed, of one year suspended, and a fine.

The appellant claims here as he did below that necessity in the form of self-defense justified what he did. He, his brother Charles, and their father conduct a wholesale grocery business in Baltimore. One October evening...

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